Marijuana and Immigration

May 24, 2018
By
Lahaina Araneta, Esq.

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On January 1, 2018, Proposition 64 allowed for the sale and taxation of
recreational marijuana. The Control, Regulate and Tax Adult Use of Marijuana
Act, also know as the Adult Use of Marijuana Act. This proposition decriminalizes
“minor marijuana offenses” for all adults in California. Minor
marijuana offenses include: possession of, transport and sharing of 28.5
grams or fewer of marijuana, eight (8) grams or fewer of concentrated
marijuana, and cultivation and harvest of six (6) plants or fewer at home.
It also reduces penalties for other marijuana-related offenses from felonies
to misdemeanors or “wobblers” and creates a system for regulating
business activities related to marijuana. While federal law still prohibits
these activities, there is change brewing, and the passing of Proposition
64 should be welcome news for impacted residents of California.

These systemic reforms are not likely to ease penalties for immigrants
the same way they would for all other residents. Historically, immigrants
with even minor marijuana possession offenses were met with severe penalties.
In particular, black and Latinx immigrants experience disproportionate
enforcement of marijuana arrests and harsh and permanent sentencing that
white and nonblack residents do not, despite similar rates of marijuana
use across all population demographics.

There will be some notable legal shifts immigrants can anticipate, including
changes to sentencing, how arrest records are treated, and differences
between state level treatment and federal level treatment of those convictions
in an immigration case. The Immigrant Legal Resource Center recently published
a report titled “Immigration Impact: The Adult Use of Marijuana
Act,” explaining Proposition 64 and how it will affect California’s
immigrant population in more detail, from the rates of immigrant convictions,
and type of convictions to expect, to the prospects for post-conviction relief.

For more details about Proposition 64 and how it affects people based on
citizenship status, please see the following articles below:

Immigration law can be complicated and this article does not cover all
the issues regarding the marijuana and immigration. These cases can be
extremely complex, and a single misstep could potentially lead to a deportation
or other immigration penalties. If you have any questions regarding your
immigration case, please do not hesitate to contact our office.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.